Walker v. United States (71 U.S. 163)

THE United States had recovered judgment against Walker in the Circuit Court for the Eastern District of Louisiana, 'for the sum of $2000, with interest thereon at the rate of six per cent.,' &c., and the case was now here on writ of error. Mr. Ashton, Assistant Attorney-General, citing the twenty-second section of the Judiciary Act of 1789, which gives a right to review in this court over judgments of the Circuit Courts 'where the matter in dispute exceeds the sum or value of $2000,' now moved to dismiss the writ; the matter in dispute, as he argued, not exceeding $2000, but being just equal to it. He observed that in Knapp v. Banks, in this court, where the motion was to dismiss a writ where the judgment was for $1720, but with interest added exceeded $2000, the court granting the motion had indeed said in its order, 'that where the plaintiff in the court below claims $2000 or more, and the ruling is for a less sum, he is entitled to a writ.' But this, the counsel argued, was said obiter only, and could not be maintained.

No one appeared against the motion.

The CHIEF JUSTICE delivered the opinion of the court.